family dispute resolution

Family Dispute Resolution (FDR or family mediation) is a confidential process in which a family dispute resolution practitioner (FDRP) helps families who are separating to resolve parenting arrangements and/or division of their property. The process and considerations are the same whether the parties are married or de facto.

FDRPs are impartial and neutral, and cannot give legal or financial advice. They do not impose a decision on the parties, they facilitate the mediation process to assist the parties to agree on an outcome.

FDR is designed to be fair and give both parties the best chance to negotiate freely to achieve a mutually beneficial agreement.

A separate and confidential intake interview will be conducted with each party to assess if it is suitable for mediation, answer all your questions, explain the process and ensure you are fully prepared to proceed. This includes referrals for any professional assistance you may require prior to the mediation.

The mediation process may occur in one or a series of sessions (online or in person).

FDR - PARENTING MATTERS

When deciding how you will co-parent, it is important to put the best interests of your children first. When you are going through a divorce or separation, it is important to think about what arrangements will make things as easy as possible for your children, and how you can parent together to ensure your children feel loved, supported and safe.

We will focus on facilitating parenting agreements that are in the best interests of the child, including preservation of significant relationships. When appropriate, our team are also happy to use a child inclusive model of FDR.

Research shows that the resolution of parental conflict can positively impact a child's wellbeing and development, at all ages, and can protect them from the negative effects of parental separation.

Family dispute resolution is a collaborative process that allows all parties to make mutual decisions as co-parents, in a supportive and structured way.

Family Dispute Resolution is compulsory prior to applying to the court for a parenting order. Our team are qualified to issue a Section 60I certificate prior to commencing proceedings.

Please contact us for a free Parenting Plan Checklist of things to consider when making a parenting plan.

We also have a range of brochures available with helpful information about age-appropriate parenting arrangements. These address the developmental and psychological needs of children at different ages.

FDR - PROPERTY MATTERS

Going through divorce or separation can be a difficult and emotional time, especially when trying to divide your property. Once your matter has been established as appropriate for FDR the parties will then undertake the FDR process to negotiate a property settlement.

Generally matters proceed in the following stages, although there may be adjustments based on your individual circumstances:

1. Resolve any urgent/immediate living arrangements;

2. Identify and value assets and liabilities ( the Property Pool);

3. Determine party contributions;

4. Identify needs and outcomes;

5. Negotiate the division of the Property Pool; and

6. Formalise the negotiation into a property agreement.

A property agreement is a document which sets out how you and your former partner will divide up your property. Your property agreement is not legally binding unless you put it into consent orders or a binding financial agreement.

It is important before you begin FDR for property that you seek independent legal and financial advice. This will help you understand the likely outcomes of your property settlement, and ensure you make informed decisions during negotiations.

Family Dispute Resolution is a confidential process and works best when both parties participate in good faith and provide full and frank disclosure to each other.

Please contact us for a free Property Mediation Checklist which you can use to gather the information you need before negotiating a property settlement.